Joint Circular No. 11/2004/TTLT-BNN-BNV guiding the functions, tasks, powers, and organization of specialized agencies under the People's Committees at all levels managing state administration in agriculture and rural development.

JOINT CIRCULAR

Guidelines for functions, tasks, authorities, and organization of specialized agencies under the People's Committees at all levels managing agriculture and rural development.

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Pursuant to Decree No. 86/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Ministry of Agriculture and Rural Development and the Ministry of Home Affairs shall guide the functions, tasks, authorities, and organization of specialized agencies assisting the People's Committees at all levels to perform their state management functions regarding agriculture and rural development in localities as follows:

I. Department of Agriculture and Rural Development.

1. Position and Functions

The Department of Agriculture and Rural Development is a specialized agency under the People's Committee of the province, directly under the Central Government (hereinafter referred to collectively as the People's Committee of the province); it participates in advising and assists the People's Committee of the province in performing state management functions within the provincial territory concerning agriculture, forestry, salt industry, irrigation, and rural development; regarding public services belonging to the agricultural and rural development sector; implements certain tasks and authorities pursuant to the delegation of the People's Committee of the province and as stipulated by law.

The Department of Agriculture and Rural Development is subject to the direction and management of the People's Committee of the province regarding organizational structure, staffing, and personnel work, while also being subject to professional guidance and inspection by the Ministry of Agriculture and Rural Development. |||

In provinces and centrally governed cities that do not have the conditions to establish a Fisheries Department, the state management function regarding fisheries shall be carried out by the Department of Agriculture and Rural Development assisting the People's Committee of the province. The tasks and organizational structure for local state management of fisheries shall be implemented according to the guidelines of the Ministry of Home Affairs and the Ministry of Fisheries.

2. Tasks and Authorities

2.1. Submit decisions and directives of the People's Committee of the province on matters within the scope of management of the Department and bear responsibility for the contents of the submitted documents.

2.2. Submit planning, development plans, programs, and projects concerning agriculture, forestry, salt industry, irrigation, and rural development that are consistent with the overall socio-economic development plan of the locality; and bear responsibility for the content thereof.

2.3. Organize, direct, inspect, and bear responsibility for implementing regulatory legal documents, strategies, plans, programs, projects, economic and technical standards about agriculture, forestry, salt industry, irrigation, and rural development that have been approved; disseminate information, promote, popularize, and educate the law on areas within the scope of management of the Department.

2.4. On agriculture (crop cultivation, animal husbandry):

2.4.1. Review and bear responsibility for land use plans designated for crop cultivation and animal husbandry; measures to prevent soil degradation in agricultural land within the provincial territory as prescribed.

2.4.2. Assist the People's Committee in directing agricultural production, decide and bear responsibility for the application of new crop and livestock breeds, planting seasons. Direct, inspect, and bear responsibility for the use of plant protection chemicals, veterinary drugs, agricultural materials, fertilizers, livestock feed, and biological products serving agriculture.

2.4.3. Organize plant protection, veterinary work, prevention and control of plant and animal diseases, and mitigation of disease consequences; direct and implement domestic quarantine of animals and plants within the provincial territory as prescribed. |||

2.5. On forestry:

2.5.1. Develop plans, measures, direct, inspect, and bear responsibility for the production of forest tree seedlings and the use of forest materials; afforestation; prevention and control of forest fires and diseases; protection of headwater forests within the provincial territory as prescribed. |||

For provinces with a Forest Inspection Agency directly under the People's Committee, the task of preventing and controlling forest fires shall be undertaken by the Forest Inspection Agency.

2.5.2. Organize surveys, classification of forests, statistics on area and volume structure of each type of forest; prepare forest maps within the provincial territory according to the guidelines of the Ministry of Agriculture and Rural Development.

2.5.3. Bear responsibility for reviewing and consolidating files on the design of natural forest harvesting for approval by the People's Committee of the province or submission to competent authorities for decision-making according to the centralization of the Government; submit to the People's Committee of the province the issuance of permits for natural forest harvesting after approval and supervise the implementation of harvesting according to the approved design.

2.5.4. Submit to the People's Committee of the province for decision-making on establishing protective forests, special-use forests, and other important forests within the locality according to the authority of the People's Committee of the province as prescribed by law.

2.6. On salt industry: Direct, inspect, and bear responsibility for salt production planning; direct salt storage and reserves within the provincial territory according to the provisions of the law.

2.7. On irrigation:

2.7.1. Submit to the People's Committee of the province for the classification of management of medium and small-scale irrigation works and rural water supply and drainage programs within the provincial territory; guide, inspect, and bear responsibility for the construction, operation, use, and protection of medium and small-scale irrigation works; organize the implementation of rural water supply and drainage programs that have been approved. 29 ||| 2.7.2. Implement regulations on river basin management, exploitation and utilization, and comprehensive development of rivers and streams within the provincial territory according to approved plans and programs.

2.7.2. Implement the regulations on river and stream management, 31 ||| 2.7.3. Direct, inspect, and bear responsibility for the construction, operation, and protection of dikes and flood control works; develop plans and measures and organize the implementation of flood, storm, drought, inundation, acidification, salinity intrusion, and coastal erosion prevention and control within the provincial territory.

2.7.3. Direct, inspect, and be responsible for the construction, exploitation, protection of dikes and flood control works; develop plans, measures, and organize the implementation of flood prevention, drought, waterlogging, salinity intrusion, erosion along rivers and coasts within the province;

2.8. On rural development:

2.8.1. Summarize, submit to the People's Committee of the province mechanisms, policies, and measures to encourage rural development; monitor, summarize, and report to the People's Committee of the province on rural development within the provincial territory.

2.8.2. Guide household economy, farmsteads, cooperative economies, agricultural cooperatives, and small and medium-sized agricultural and forestry enterprises; organize the implementation of the reorganization, renovation, and development of state-owned farms and forests within the provincial territory according to approved plans.

2.8.3. Organize the implementation and bear responsibility for agricultural extension, forestry extension, and salt industry extension work within the provincial territory.

2.8.4. Direct the processing of agricultural products, forestry products, and salt; develop industries, crafts, and rural craft villages within the province in accordance with regulations;

2.8.5. Direct, inspect, and be responsible for the exploitation and use of clean water in rural areas within the province in accordance with the provisions of the law.

2.9. Coordinate with relevant agencies to organize market forecasting work for agricultural products, forestry products, and salt;

2.10. Establish an information system and store documents on agriculture, forestry, salt production, irrigation, and rural development; organize statistical work on the changes in agricultural land, forestry land, salt production land, and forest changes in accordance with the regulations;

2.11. Guide and inspect the implementation of projects and the construction of models for development in agriculture, forestry, salt production, irrigation, and rural development within the province; be responsible for implementing programs and projects assigned;

2.12. Organize research and application of scientific and technological progress into agricultural production and rural development within the province;

2.13. Implement international cooperation according to the classification of the Provincial People's Committee and the provisions of the law;

2.14. Guide and inspect the implementation of public services in the fields of agriculture, forestry, salt production, irrigation, and rural development of the province in accordance with the provisions of the law; be responsible for public services organized by the Department;

2.15. Issue and revoke licenses in the fields under management in accordance with the provisions of the law;

2.16. Inspect, check, and resolve complaints, denunciations, anti-corruption, and handle violations of laws related to agriculture, forestry, salt production, irrigation, and rural development within the scope of management in accordance with the provisions of the law. For provinces with a Forest Protection Agency directly under the Provincial People's Committee, the task of inspection, checking, and handling violations of laws on forest protection shall be carried out by the Forest Protection Agency;

2.17. Carry out the standing duty of the Flood and Storm Prevention Command; the Forest Fire Prevention and Control Command of the province in accordance with the provisions of the law (for provinces with a Forest Protection Agency directly under the Provincial People's Committee, the standing duty of forest fire prevention and control shall be undertaken by the Forest Protection Agency); participate in mitigating the consequences of natural disasters such as typhoons, floods, droughts, waterlogging, acidification, salinity intrusion, landslides, and diseases in agricultural, forestry, salt production, and irrigation activities within the province;

2.18. Direct and organize the implementation of administrative reform programs in the fields under the management of the Department after approval by the Provincial People's Committee;

2.19. Provide professional guidance in managing agriculture and rural development at the district level;

2.20. Manage cadres, civil servants, officials, and employees in accordance with the law and the classification of the Provincial People's Committee; organize training and capacity building for cadres, civil servants, officials, village cadres, and staff working in agriculture, forestry, salt production, irrigation, and rural development in accordance with the regulations of the Ministry of Agriculture and Rural Development and the Provincial People's Committee;

2.21. Report regularly and urgently on the implementation of assigned tasks in accordance with the provisions of the law;

2.22. Manage the finances and assets of the Department in accordance with the law and the classification of the Provincial People's Committee;

2.23. Perform other tasks as prescribed by law or assigned by the Provincial People's Committee.

3. Organization and Staffing

3.1 Leadership of the Department:

The Department of Agriculture and Rural Development has a Director and no more than three Deputy Directors. The Director of the Department is responsible and reports work to the Provincial People's Committee, the Ministry of Agriculture and Rural Development, and reports work to the Provincial People's Council when required.

The Director of the Department is responsible before the Provincial People's Committee and the law for all activities of the Department and the implementation of assigned tasks.

Deputy Directors assist the Director, are responsible to the Director, and to the law regarding the field of work assigned.

The Chairman of the Provincial People's Committee decides on the appointment of the Director and Deputy Directors of the Department based on professional standards set by the Minister of Agriculture and Rural Development and in accordance with Party and State regulations on cadre work. The removal, commendation, and disciplinary action against the Director and Deputy Directors of the Department are carried out in accordance with the law.

3.2 The organizational structure of the Department includes:

- Office (Organization, Administration, Management, Finance);

- Professional and operational departments;

- Inspection;

- Specialized Agencies;

- Public service organizations.

The establishment of specialized professional departments is based on the principle of ensuring comprehensive coverage of the Department's work areas; the functions and responsibilities of each department must be clear, without overlapping with those of other departments and organizations within the Department; suitable to local characteristics and actual workload; ensuring simplicity in administrative procedures and convenience in resolving requests from organizations and citizens.

The number of specialized professional departments shall not exceed six for Departments under the Provincial People's Committee and five for Departments under the Municipal People's Committees directly under the Central Government.

The number and names of specialized professional departments of the Department shall be decided by the Director of the Department of Agriculture and Rural Development and the Director of the Department of Home Affairs upon submission to the Chairman of the Provincial People's Committee.

The establishment of specialized agencies to assist the Director of the Department of Agriculture and Rural Development in national management in specialized fields shall be implemented according to the principle that these organizations have the task of enforcing the law, directing regular operational work, and participating in mechanisms and policies for those specialized fields. The number of specialized agencies shall not exceed four. For the Forest Protection Agency, until new regulations are issued, it will continue to operate in accordance with Decree No. 39/CP dated May 18, 1994, of the Government, and shall not be counted among the four agencies mentioned above.

The Director of the Department of Agriculture and Rural Development shall coordinate with the Director of the Department of Home Affairs to submit to the Provincial People's Committee for decision on the establishment of affiliated organizations and agencies in accordance with the law, define the functions and responsibilities of the agencies, Inspection, and approve the Department's Work Regulations.

The Director of the Department of Agriculture and Rural Development shall specify in detail the tasks and powers of the Office, specialized departments, and business units under the Department, and define the authorities and responsibilities of the heads of organizations under the Department in accordance with the provisions of the law.

3.3 Staffing:

The staffing of the Office, inspection, specialized departments, and district-level agencies is state management staffing determined by the Provincial People's Committee based on the proposal of the Director of the Department of Agriculture and Rural Development and the Director of the Department of Home Affairs.

The Director of the Department of Agriculture and Rural Development shall allocate and utilize cadres, civil servants, and public officials of the Department in accordance with their positions and standards for civil servant and public official ranks as prescribed by the laws on cadres and civil servants.

II. Specialized agencies assisting the People's Committee of the district in managing state affairs related to agriculture, forestry, salt industry, irrigation, and rural development.

Specialized agencies assisting the People's Committee of the district in performing state management functions related to agriculture, forestry, salt industry, irrigation, and rural development shall be referred to as Departments. The establishment and name of the Department shall be decided by the Provincial People's Committee according to the regulations of the Government.

1. Tasks and Powers:

1.1. Propose the People's Committee of the district to issue guiding documents for implementing policies, systems, and laws of the State regarding agricultural, forestry, salt industry, irrigation, and rural development management;

1.2. Guide and inspect the People's Committee of the commune in implementing measures to adjust economic structures, develop agriculture, protect forests, plant trees, and exploit forest products; process agricultural and forest products and salt; develop rural industries and crafts;

1.3. Propose the People's Committee of the district to plan irrigation; develop programs to encourage the development of agriculture, forestry, salt industry, irrigation, and rural development for the district People's Committee to submit to the same-level People's Council for approval and implementation;

1.4. Organize the protection of dikes, small and medium-sized irrigation works, rural water supply and drainage facilities, flood and storm prevention works, and manage the irrigation network within the jurisdiction in accordance with the law;

1.5. Serve as the focal point for organizing and guiding the implementation of contents related to rural development; compile the situation and report to the People's Committee of the district on the construction and development of rural areas in the district in the following fields:

- Household and farm economy development, cooperative and agricultural cooperative economy;

- Rural industry and craft development;

- Utilization of clean water in rural areas;

- Processing of agricultural, forest products, and salt;

1.6. Statistically monitor changes in agricultural land, forestry land, salt industry land, and forest resource changes;

1.7. Manage activities serving the development of agriculture, forestry, salt industry, agricultural and forestry materials, fertilizers, and livestock feed within the district;

1.8. Direct extension work in agriculture, forestry, salt industry, and rural development projects within the district;

1.9. Coordinate with relevant agencies to inspect and audit the enforcement of laws; provide advice to the People's Committee of the district to resolve disputes, complaints, and denunciations concerning agriculture, forestry, salt industry, irrigation, and rural development in accordance with the law;

1.10. Perform the standing duty of the District Steering Committee for Flood and Storm Prevention; propose plans, measures, and participate in directing the prevention, control, and mitigation of natural disasters such as floods, storms, droughts, waterlogging, acidification, saline intrusion, and diseases in agricultural, forestry, salt industry, and irrigation production within the district;

1.11. Report periodically every three months, six months, and annually, and at any time, the situation of performing tasks in the fields of agriculture, forestry, salt industry, irrigation, and rural development to the People's Committee of the district and the Department of Agriculture and Rural Development;

1.12. Guide and inspect the professional work of agricultural cadres and rural development staff at the commune level.

2. Staffing

The staffing of specialized agencies assisting the People's Committee of the district in managing state affairs related to agriculture, forestry, salt industry, irrigation, and rural development shall be decided by the Chairman of the People's Committee of the district according to the delegation of the Provincial People's Committee.

III. Tasks of the People's Committee of the commune in managing state affairs related to agriculture, forestry, salt industry, irrigation, and rural development.

In the fields of agriculture, forestry, salt industry, irrigation, and rural development, the People's Committee of the commune shall perform the following tasks and powers:

1. Organize and guide the implementation of programs, plans, and proposals to encourage the application of scientific and technological progress to promote production and guide farmers in adjusting economic structures, crops, and livestock breeds in production in accordance with overall planning and plans, and prevent crop and livestock diseases;

2. Organize the construction of small irrigation works; implement maintenance, protection of dikes, and forest protection; prevent and mitigate forest fires and the consequences of natural disasters such as droughts, storms, floods, waterlogging; promptly stop any violations of laws on dike and forest protection in the locality;

3. Manage, inspect, and protect the use of water in irrigation works and clean water in rural areas within the jurisdiction in accordance with the law;

4. Organize and guide the exploitation and development of rural industries and crafts;

5. Statistically monitor changes in agricultural land, forestry land, salt industry land, and forest resource changes within the commune;

6. Report periodically and at any time the situation of agricultural, forestry, salt industry, irrigation, and rural development production in the commune to the People's Committee of the district and the specialized agency assisting the People's Committee of the district in managing state affairs related to agriculture, forestry, salt industry, irrigation, and rural development., Agricultural, forestry, salt industry, and irrigation staff at the commune shall implement Decree No. 121/2003/ND-CP dated October 21, 2003, of the Government on the system and policies for commune, ward, and town cadres and civil servants.

Agricultural, forestry, salt industry, and irrigation officers at the commune level shall implement Decree No. 121/2003/NĐ-CP dated October 21, 2003 of the Government on the regime and policies for commune, ward, and town-level civil servants.

IV. Implementation Organization.

1. This Circular shall take effect fifteen days after its publication in the Official Gazette. It revokes Circular No. 07/LB/TT dated April 24, 1996, issued by the Joint Ministry of Agriculture and Rural Development and the Government Organization and Cadre Affairs Board on guiding the regulations concerning functions, tasks, authorities, organizational structure, and staffing of the Department of Agriculture and Rural Development and the Agricultural and Rural Development Office pursuant to Decision No. 852/TTg dated December 28, 1995 of the Prime Minister; and Circular No. 03/1998/TTLT-BNN-BTCCBCP dated April 27, 1998, issued by the Joint Ministry of Agriculture and Rural Development and the Government Organization and Cadre Affairs Board on supplementing Circular No. 07/LB/TT of the Joint Ministry.

2. During implementation, if there are difficulties, obstacles, or suggestions for supplementation or amendment, localities shall report to the Ministry of Agriculture and Rural Development and the Ministry of Home Affairs for study and resolution./.